Florida Carry

Norman v. Florida is the case of a law abiding concealed carry licensee who was arrested and prosecuted in Fort Pierce, FL for violating Florida nearly complete ban on Open Carry after his otherwise lawfully carried handgun unknowingly became unconcealed while walking down the street the first time he carried outside his home with his new Florida concealed carry license.

Dash Cam Video of Arrest: https://www.youtube.com/watch?v=-qKeJ6jd2Ak

A St. Lucie County Judge denied all constitutional arguments to dismiss the case against Dale Norman. While the court made findings that the statute is overbroad and is facially vague, the court still issued a conviction on an “as applied” standard.

The County Court judge also did not fully consider the Second Amendment or the Right to Bear Arms under the Florida Constitution; denying those motions to dismiss the case because the question of the right to bear arms "is for someone above the level of this court." 

The Second Amendment question is fairly straightforward; Florida courts have clearly found that the carrying of a concealed firearm is a privilege, subject even to being banned completely, not a right protected by the constitution. Florida appellate courts have held that the “Retroactive application of (new Florida Statutes), is not unconstitutional because a license to carry a concealed weapon or firearm is a privilege and not a vested right.” Crane v. Department of State, 547 So. 2d 266 (Fla. 1989).

The Florida Legislature and Supreme Court have long recognized that there is a right to bear arms outside of the home. The “privilege of a license to carry a concealed weapon or firearm” recognized in Crane cannot replace, or substitute for, the fundamental right guaranteed by the U.S. and Florida Constitutions.

The County Court did, however, certify the constitutional questions directly to the 4th District Court of Appeals as questions of great public importance.  

The DCA accepted jurisdiction and upheld the lower court's decision on the basis of deference to the Legislative Branch on Gun Control.

The case was appealed to the Florida Supreme Court where the court upheld the decision of the 4th District Court of Appeals by singling out the Right to Bear Arms protected by Art. I Sec. 8 of the Florida Constitution for special—and specially unfavorable—treatment subject to an entirely different body of rules than the other Declaration of Rights guarantees.

Norman v. Florida has now been appealed to the U.S. Supreme Court on Second Amendment grounds (see below).


Florida Carry is providing for the continued defense of Dale Norman and seeks to clarify what the right to bear arms is in Florida. Please help us win this fight for your RIGHT to Bear Arms by joining Florida Carry.



 Updates


Appeal to Florida 4th District Court of Appeal, Case 4D12-3525

Norman v. State, 159 So. 3d 205 (Fla. 4th DCA 2015)
2/18/2015 - The 4th DCA ruled against Dale Norman:

"While the right to carry outside the home has been established by the highest court of the land, no decision interpreting the Second Amendment can be cited for the proposition that a state must allow for one form of carry over another. Because the Legislature has the right to enact laws regarding the manner in which arms can be borne, it is likewise permitted to forbid the carrying of arms in a particular place or manner which, in its collective judgment, is likely to lead to breaches of the peace, see Carlton v. State, 58 So. 486, 488-89 (Fla. 1912), provided a reasonable alternative manner of carry is provided."

Motion for Rehearing in the 4th DCA was denied.


The case was appealed to the Florida Supreme Court, Case number SC15-650.

Norman v. State, 215 So. 3d 18 (Fla. 2017)
3/2/2017 - FSC-OPINION:

"We hold that section 790.053 does not unconstitutionally infringe on the Second Amendment right to bear arms, as interpreted by the United States Supreme Court in Heller and McDonald, or the Florida Constitution's freestanding right to bear arms subject to the Legislature's authority to regulate the use and manner of doing so. Because section 790.053 regulates only one manner of bearing arms and does not impair the exercise of the fundamental right to bear arms, we approve the Fourth District's well-reasoned decision in Norman upholding the constitutionality of section 790.053 under intermediate scrutiny. It is so ordered."


Petition for Cert. filed with US Supreme Court - 7/10/2017. Case Number: 17-68

If you are unfamiliar with U.S. Supreme Court procedures, SCOTUSblog.com is an outstanding reference.

7/10/2017 Petition for writ of certiorari

"Florida law provides for licenses to carry handguns concealed, but prohibits carrying firearms openly. Petitioner, who had such license, was convicted of openly carrying a firearm on a public street. The majority of the Florida Supreme Court upheld the ban under intermediate scrutiny based on conjecture by counsel about why the legislature may have banned open carry.
The issue is whether a prohibition on peaceably and openly carrying a lawfully-owned handgun infringes on “the right of the people to . . . bear arms” protected by the Second Amendment to the United States Constitution. That issue also involves the extent to which a restriction on a constitutional right may be upheld, under a proper standard of review, on the basis of a post hoc argument of counsel with no foundation in the legislative or factual record."



 Case History


Docket Overview: Lower Court Case Number: 2012-MM-000530-A

St. Lucie County Clerk of the County Court

 

Lower Court Filings:

06/08/2012 Motion to Dismiss - OC Ban Unconstitutionally Vague

06/08/2012 Motion to Dismiss - OC Ban Violates Second Amendment and Art. 1 Sec. 8 FL Constitution

06/08/2012 Motion to Dismiss - OB Ban Unconstitutionally Proscribes Action without Mens Rea

08/14/2012 Lower Court's Written Judgment and Sentence - Written Judgment and Sentence of 6/10/2014 nunc pro tunc to 8/14/2012

08/22/2012 Lower Court's Written Order on Motions to Dismiss - Certified constitutional questions directly to the Florida 4th District Court of Appeals as matters of great public importance.

08/29/2012 Notice of Appeal

06/18/2014 Motion to Correct Judgment and Sentence issued 6/10/2014 nunc pro tunc to 8/14/2012

 


Docket Overview: Appellate Court Case Number:  4D12-3525
Florida Fourth District Court of Appeal Docket

 

Appellate Court Filings on Jurisdiction:

Date Docketed
Description
Date Due
Filed By
Notes
09/27/2012 Notice of Appeal Filed   Ashley Minton , Appellant  
09/27/2012 Determination of Indigent Status      
10/05/2012 Order for brief memorandum on 9.160 case 10/15/2012   **VACATED 12/04/12**
10/15/2012 Notice of Appearance   Eric J. Friday 797901, Appellant  
10/15/2012 Memorandum Brief   Eric J. Friday 797901, Appellant  
10/22/2012 Motion To Compel   Attorney General-W.P.B. AG01, Appellee (M) PRODUCTION OF AN APPENDIX 
10/22/2012 Motion for Extension of Time to File Response   Attorney General-W.P.B. AG01, Appellee (M) TO MEMORANDUM BRIEF
11/07/2012 State's First Motion To Dismiss   Attorney General-W.P.B. AG01, Appellee  
12/04/2012 ORD-Vacated     10/05/2012 ORDER
12/04/2012 Order to Show Cause-Appeal Dismissal 12/14/2012   10 DAYS
12/17/2012 RESPONSE TO ORDER TO SHOW CAUSE   Eric J. Friday 797901, Appellant  
01/08/2013 ORD-Denying Aplee's Motion to Dismiss      
01/08/2013 ORD-Moot     (APPELLEE'S 10/22/12 MOTION TO COMPEL, ETC.)
01/10/2013 State's Motion for Clarification   Attorney General-W.P.B. AG01, Appellee OF 12/4/12 AND 1/8/13 ORDERS
01/24/2013 Miscellaneous Entry     COPY OF PETITION FOR WRIT OF PROHIBITION AND APPENDIX FILED IN SUPREME COURT. AE Attorney General-W.P.B. AG01
01/29/2013 ORD-Granting Clarification     THIS COURT HAS ACCEPTED JURISDICTION IN THIS CASE, AND APPELLEE HAS NO FURTHER OBLIGATION TO ADDRESS THE JURISDICTIONAL ISSUE.
01/31/2013 Court Reporter Acknowledgment Letter      
02/19/2013 Ack. Receipt from Supreme Court     SC13-212
04/22/2013 Supreme Court Disposition     SC13-212 DENIED

Docket Overview: Florida Supreme Court Case Number:  SC13-212
Florida Supreme Court Docket

 

Supreme Court Filings on Jurisdiction:

Date Docketed
Description
Date Due
Filed By
Notes
01/30/2013 State's Petition for Writ of Prohibition   State Of Florida STATE BY: PT Cynthia Laine Comras 151319 Attorney General - W.P.B.  
02/07/2013 Motion to Strike or Dismiss Petition for Writ of Prohibition   Dale Lee Norman BY: RS Eric J. Friday 797901  
04/19/2013 Final Disposition - Writ Denied     The petition for writ of prohibition is hereby denied because petitioner has failed to demonstrate that a lower court is attempting to act in excess of its jurisdiction. See Mandico v. Taos Constr., Inc., 605 So. 2d 850 (Fla. 1992); English v. McCrary, 348 So. 2d 293 (Fla. 1977). Any motions or other requests for relief are hereby denied.

Docket Overview: Appellate Court Case Number:  4D12-3525
Florida Fourth District Court of Appeal Docket

 

Appellate Court Filings on Merits:

Date Docketed
Description
Date Due
Filed By
Notes
03/06/2013 Received Records     FOUR (4) VOLUMES (WITH CD-ROM)
04/09/2013 Mot. for Extension of time to file Initial Brief   Eric J. Friday 0797901, Appellant  
04/11/2013 Order Granting EOT for Initial Brief 04/22/2013   ORDERED that appellant's motion filed April 9, 2013, for extension of time is granted, and appellant shall serve the initial brief on or before April 22, 2013. In addition, if the initial brief is not served within the time provided for in this order the above-styled case may be subject to dismissal or the court in its discretion may impose other sanctions.
04/22/2013 Supreme Court Disposition     SC13-212 DENIED
04/22/2013 Initial Brief on Merits   Eric J. Friday 0797901, Appellant  

05/17/2013
06/10/2013
07/19/2013
08/22/2013

Requests for Extension - Answer Brief 10/09/2013 Florida Attorney General

Extension 30 DAYS TO 06/21/13
Extension 30 DAYS TO 07/24/13
Extension 30 DAYS TO 08/23/13
Requested 60 DAYS - Objection Filed
Extension 30 DAYS TO 10/9/13* 

* "... appellee shall serve the answer brief within thirty (30) days from the date of the entry of this order [9/9/2013].
In addition, appellee is notified that the failure to serve the brief within the time provided herein may foreclose appellee's right to file a brief or otherwise participate in this appeal."

10/09/2013 State's Answer Brief   Attorney General - W.P.B., Appellee  
10/28/2013 Appellant's Reply Brief 11/04/2013 Eric J. Friday 0797901, Appellant  
01/02/2014 Appellant's Notice of Supplemental Authority   Eric J. Friday 0797901, Appellant Florida Carry v. UNF, en banc (Fla. 1st DCA 2013) and Art I Sec. 2 FL Constitution
03/03/2014 Oral Argument Declined
Withdrawn 08/12/2014
  Eric J. Friday 0797901, Appellant BY ORDER OF THE COURT: After reviewing the briefs, the court, pursuant to Florida Rule of Appellate Procedure 9.320, has dispensed with oral argument. The case will be submitted to a conference by a panel of the court.
05/13/2014 Jurisdiction Relinquished

Case Submitted for Written Version of Lower Court Ruling.
06/12/2014   ORDERED sua sponte that jurisdiction is hereby relinquished to the trial court for the purpose of rendering a written judgment and sentence in accordance with its oral pronouncement of August 14, 2012; further ORDERED that the trial court shall file with this court said written judgment and sentence within thirty (30) days from the date of this order.
06/12/2014 Notice of Written Judgment and Sentence by (Lower) Trial Court   Hon. Cliff Barnes JUDGMENT AND SENTENCE
THIS CAUSE having come before this Court upon trial by jury, the jury having found Defendant guilty, the Court hereby WITHHOLDS JUDGMENT OF CONVICTION and assesses a fine of $300.00 plus court costs of $223.00, cost of investigation of $25.00 and $50.00 cost of prosecution. DONE AND ORDERED this 10th day of June, 2014, at Fort Pierce, St. Lucie County, Florida, nunc pro tunc (retroactive) to August 14,2012.
06/17/2014 Second Motion to Dismiss   Attorney General - W.P.B. AG01, Appellee  
06/18/2014 Response to Second Motion to Dismiss   Eric J. Friday 0797901, Appellant  
07/09/2014 Motion to Withdraw the Second Motion to Dismiss   Carolyn Snurkowski - Assistant Deputy Attorney General, Appellee  
07/21/2014 Order on Motion to Withdraw     ORDERED that the appellee's amended motion filed July 9, 2014, to withdraw appellee's second motion to dismiss appeal for lack of jurisdiction hereby granted; further, ORDERED that appellee's second motion to dismiss appeal for lack of jurisdiction filed June 17, 2014, is hereby determined to be moot.
08/12/2014 Order Dispensing With Oral Argument Withdrawn     ORDERED that this court's March 3, 2014, order dispensing with oral argument is hereby withdrawn.
08/12/2014 Order Setting Oral Argument 11/06/2014   BY ORDER OF THE COURT:
Oral Argument scheduled for October 8, 2014 has been canceled.
This case is now set for Oral Argument for Thursday, November 6, 2014, at 10:00 A.M., 20 minutes per side
11/03/2014 Appellant's Notice of Supplemental Authority   Eric J. Friday 0797901, Appellant Following Heller's methodology leads to an embrace of open carry and a rejection of both a strong public safety-oriented limitation on the right to carry and the alternative outlet theory.
Yale Law Rev. - Jonathan Meltzer, Open Carry for All: Heller and Our Nineteenth-Century Second Amendment, 123 Yale L.J. 1486(2014) (2014).
11/06/2014 Oral Argument Video     https://www.youtube.com/watch?v=k7haFzE7HAM
01/09/2015 Appellant's Notice of Supplemental Authority   Eric J. Friday 0797901, Appellant Central to narrow tailoring is the fit between the government's objective and its means. A regulation flunks narrow tailoring by being "overbroad" if "[the proffered] interests could be achieved by narrower ordinances that burde[n] [the right] to a far lesser degree." ... The Fourth Circuit noted last year that "no circuit has accepted an overbreadth challenge in the Second Amendment context," but what it meant, in context, was that "[a] person to whom a statute properly applies can't obtain relief based on arguments that a differently situated person might present."  Overbreadth, however, can and must be considered as part of strict scrutiny's narrow-tailoring requirement.
Tyler v. Hillsdale County Sheriff’s Dep’t. 2014 U.S. App. LEXIS 23929 (6th Cir. 2014)
02/18/2015 4th DCA Order     While the right to carry outside the home has been established by the highest court of the land, no decision interpreting the Second Amendment can be cited for the proposition that a state must allow for one form of carry over another. Because the Legislature has the right to enact laws regarding the manner in which arms can be borne, it is likewise permitted to forbid the carrying of arms in a particular place or manner which, in its collective judgment, is likely to lead to breaches of the peace, see Carlton v. State, 58 So. 486, 488-89 (Fla. 1912), provided a reasonable alternative manner of carry is provided.
03/03/2015 Motion for Rehearing / Rehearing En Banc 03/10/2015 Eric J. Friday 0797901, Appellant AND INCORPORATED MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR REHEARING OR REHEARING EN BANC
03/30/2015 Motion for Rehearing / Rehearing En Banc - Denied   4th DCA  

Docket Overview: Florida Supreme Court Case Number:  SC15-650
Florida Supreme Court Docket

 

Notable FL Supreme Court Filings:

Date Docketed
Description
Date Due
Filed By
Notes
04/13/2015 Jurisdiction Initial Brief   PT Dale Lee Norman BY:
PT Eric J. Friday 797901
 
05/01/2015 State's Jurisdiction Answer Brief 05/08/2015 RS State Of Florida BY:
RS Consiglia Terenzio 656879
 
10/06/2015 FL Supreme Court Order Accepting Jurisdiction    

The Court accepts jurisdiction of this case as to the notice to invoke discretionary jurisdiction filed pursuant to Art. V, § 3(b)(3), Florida Constitution (i.e., expressly declares valid a state statute and expressly construes a provision of the state or federal constitution). Petitioner's initial brief on the merits shall be served on or before October 26, 2015; respondent's answer brief on the merits shall be served twenty days after service of petitioner's initial brief on the merits; and petitioner's reply brief on the merits shall be served twenty days after service of respondent's answer brief on the merits. The Clerk of the Fourth District Court of Appeal shall file the record which shall be properly indexed and paginated on or before December 7, 2015. The Clerk may provide the record in the format as currently maintained at the district court, either paper or electronic.

 

ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) to 11/25/2015

11/25/2015 Initial Brief on Merits 11/25/2015 PT Dale Lee Norman BY:
PT Eric J. Friday 797901
 
12/07/2015 MISSISSIPPI CARRY, INC'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF   DA1 Mississippi Carry, Inc. BY: MP M. Reed Martz The Motion for Leave to File Amicus Curiae Brief filed in the above cause by Mississippi Carry, Inc. on behalf of petitioner is hereby denied.
12/17/2015 State's Motion for Extension (Answer Brief - Merits)   RS State Of Florida BY:
Attorney General Bondi -
RS Heidi Lynn Bettendorf
ORDER-EXT OF TIME GRANTED (ANSWER BRIEF-MERITS) to 1/20/2016
01/15/2015 EVERYTOWN FOR GUN SAFETY MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF   MR Everytown For Gun Safety BY: MR Glenn Thomas Burhans, Jr. 605867 The Motion of Everytown for Gun Safety for Leave to File a Brief as Amicus Curiae in Support of Respondent filed by Everytown for Gun Safety is hereby granted and they are allowed to file brief only in support of respondent.
01/20/2016 State's Answer Brief on Merits 01/20/2016 RS State Of Florida BY: RS Attorney General Bondi  
02/01/2016 Everytown Amicus   MR Everytown For Gun Safety BY: MR Glenn Thomas Burhans, Jr. 605867 BRIEF OF AMICUS CURIAE EVERYTOWN FOR GUN SAFETY IN SUPPORT OF RESPONDENT
02/09/2016 Petitioner's Motion for Extension (Reply Brief - Merits)   PT Dale Lee Norman BY:
PT Eric J. Friday 797901
ORDER-EXT OF TIME GRANTED (REPLY BRIEF-MERITS) to 3/10/2016
03/10/2016 Reply Brief on Merits 03/10/2016 PT Dale Lee Norman BY:
PT Eric J. Friday 797901
 
04/18/2016 NRA Amicus   MP National Rifle Association BY:
MP Jason Brent Gonzalez 146854
National Rifle Association's Motion to Accept Amicus Brief is hereby granted and amicus curiae's initial brief on the merits was filed with this Court on April 18, 2016.
06/08/2016 ORAL ARGUMENT HELD      
03/02/2017 ORDER - DISP-APPROVED     FSC-OPINION: We hold that section 790.053 does not unconstitutionally infringe on the Second Amendment right to bear arms, as interpreted by the United States Supreme Court in Heller and McDonald, or the Florida Constitution's freestanding right to bear arms subject to the Legislature's authority to regulate the use and manner of doing so. Because section 790.053 regulates only one manner of bearing arms and does not impair the exercise of the fundamental right to bear arms, we approve the Fourth District's well-reasoned decision in Norman upholding the constitutionality of section 790.053 under intermediate scrutiny. It is so ordered.
04/13/2017 ORDER - MOTION FOR REHEARING DENIED     Petitioner's Amended Motion for Rehearing, Reconsideration and Clarification is hereby denied.

Docket Overview: United States Supreme Court Case Number: 17-68
United States Supreme Court Docket
(Docketed 07/13/2017)

Notable US Supreme Court Filings:

Date Docketed
Description
Date Due
Filed By
Notes
Filed: 07/10/2017

Petition for Writ of Certiorari
&
Appendix to Petition for Cert.
 07/12/2017 Dale Lee Norman
BY: Attorneys for Petitioner, Stephen P. Halbrook & Eric J. Friday
Florida law provides for licenses to carry handguns concealed, but prohibits carrying firearms openly. Petitioner, who had such license, was convicted of openly carrying a firearm on a public street. The majority of the Florida Supreme Court upheld the ban under intermediate scrutiny based on conjecture by counsel about why the legislature may have banned open carry.

The issue is whether a prohibition on peaceably and openly carrying a lawfully-owned handgun infringes on “the right of the people to . . . bear arms” protected by the Second Amendment to the United States Constitution. That issue also involves the extent to which a restriction on a constitutional right may be upheld, under a proper standard of review, on the basis of a post hoc argument of counsel with no foundation in the legislative or factual record.
07/26/2017 Waiver of Right of Respondent Florida to Respond (unless requested by the court) Filed. 08/14/2017 State of Florida
BY: Celia A. Terenzio for Attorney General Pamela Jo Bondi
 
08/09/2017 Distributed for Conference of 09/25/2017   U.S. Supreme Court  
08/11/2017 Response Requested.   U.S. Supreme Court Response due September 11, 2017 extended to October 11, 2017.
08/30/2017 Request to extend time to file response to October 11, 2017  

State of Florida
BY: Amit Agarwal
for Attorney General Pamela Jo Bondi

 
10/11/1017 Brief in Opposition (BIO) to Petition for Cert. 09/11/2017
10/11/2017
State of Florida
BY: Amit Agarwal 
for Attorney General Pamela Jo Bondi
Either Florida’s open-carry prohibition passes constitutional muster because the burden on the right to bear arms is minimal (as Respondent argued and the court concluded below), or no judicial scrutiny should be applied at all because Florida’s shall-issue concealed-carry system fully protects the right, and the regulation on the manner of carry is not an infringement (perhaps qualifying as one of Heller’s presumptively valid “longstanding” regulations).
Pending Reply to BIO. 10/25/2017 Dale Lee Norman
BY: Attorneys for Petitioner, Stephen P. Halbrook & Eric J. Friday
 
TBD Conference   U.S. Supreme Court  
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